Is an employee on an unpaid career break entitled to receive statutory notice pay?

Posted in : First Tuesday Q&A NI on 7 January 2020
Johanna Cunningham
Arthur Cox
Issues covered:

Firstly, it will be necessary to check whether the employee’s contract of employment is continuing or terminating during the career break.

If the contract is terminating, the employee loses their right to notice and any notice pay. If the contract of employment is continuing, the employee will continue to enjoy their statutory employment rights, one of which is the right to receive notice of their termination.

In relation to notice pay, if an employee is not carrying out any work during their notice period, generally they are not entitled to receive any notice pay for this period, unless their contract specifies otherwise.

However, article 120 and article 121 of the Employment Rights

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Back to Q&A's This article is correct at 07/01/2020
Disclaimer:

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Johanna Cunningham
Arthur Cox

The main content of this article was provided by Johanna Cunningham. Contact telephone number is Johanna Cunningham or email belfast@arthurcox.com

View all articles by Johanna Cunningham